M.SHIVALINGAPPA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The captioned writ petition is filed seeking following reliefs;

(2.) Petitioner No.3 - Sri.Vinayaka Education Society (R) is running a pre-university after securing necessary permission and approval. Petitioner No.3 informed petitioner No.1 not to insist the students to pay fees and deposits at the stage of admission and thereby, a direction was issued to petitioner No.1 indicating that fees can be collected before completion of the course. The Lokayukta Police have registered a complaint against the petitioner Nos.1 and 2 alleging that petitioner No.2 was trapped while accepting bribe amount of Rs.3,000.00 from one K.Lokeshappa. It is in this background, the Deputy Inspector General of Police, Karnataka Lokayukata requested the management to accord permission to prosecute petitioner Nos.1 and 2 under the provisions of Prevention of Corruption Act.

(3.) The Committee Management having examined veracity of allegations against the petitioners, however, resolved unanimously and declined to accord permission to proceed against the petitioners. The concerned Authority again issued a second letter to petitioner No.3 - Institution management to reconsider the decision and grant permission to prosecute the petitioners. The Committee, however, communicated its decision on 23/1/2013.